ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

[andydd]

add the magical .eml to each file manually in your case...........hehehehe

 

Ha,...yeah..one email at a time...that'll keep ya busy

 

I used "Bulk Rename facility", bit OTT but did the job, there are various progs to import into Outllok or Thunderbird but with Outlook you can just click on the .eml's individually which opens them up (and the attachments can then be viewed).

 

And

[andydd]

Andy

 

You could cheekily email Mr Crossley to offer your services. Sounds like he could do with some IT know how !!!!

 

Ha..Funny you shopuld say that, my last job was actually in a building next door to ACS in Hanover Square, I saw that in the emails some of the staff used to go to the same bar as me and my friends..

 

I'm currently after a job and have had interviews for a few IT support companies (that i suspect ACS use and it wouldnt be worth them having their own IT guy for only 17 staff).

 

Andy

[andydd]

http://www.bbc.co.uk/news/technology-11443861

 

 

 

It will be interesting to hear what Chief Master Winegarten has to say about the application.

 

Well..first of all you would of thought (or at least hope) that the ISP's involved (is it BT or O2) will question the whole process, many legal people believe that the Norwich Pharmacetical order is flawed right from the begining, it was a case many years ago that has no relevance to handing over of bulk personal data where it is very dubious that there is any wrong-doing.

 

It is clear that when ISP's have stood upto it (TalkTalk and Virgin) then they are not pursued any further, I'm sure there are now many people who believe that this is a stance that the other ISP's should of taken all along, instead of handing over our data willy-nilly and making money out of it !

 

Andy

[andydd]

there web site is still down it's just not fare i wonder if i should ring him on his mobile to let him know

:lol:

 

Its over a week ago that Mr Crossley said that events of last week were nothing and that the company would carry on, as the site is now gone and no-one seems to be answering the phone that doesnt appear to be true.

 

Andy

[andydd]

i wonder if i should email his ffffffing x wife as he called her to see if he's alright

 

ha..her and that f**ing hermit

[andydd]

I would of thought that any company would now find it very hard to continue this type of claim, mainly due to the adverse publicity, the fact that many ISP's are going to be more reluctant to handover info. and also that many people are now fully aware of how ACS operate and that they are aware of the vraious methods of defence.

 

Andy

[andydd]

Some good stuff from thje inquirer site.

 

It's hard to see how Andrew Crossley and his apparently sole practicioner firm will manage to weather this storm, let alone show up in court asking for more data from ISPs following all this.

 

In some ways the ISPs are off the hook, at least for the moment, maybe. After all Sky was just complying a legally binding court order for information, it claims.

 

The question is, however, if ISPs would take a more aggressive stand against handing over personal data about their subscribers without solid proof of wrongdoing in the first place, might they stand better chances to avoid becoming mired such public relations disasters?

 

Andy

[andydd]

to andydd. i will tickle your scales or right hit your star for the above post .

Because it tells our isp providers, what we expect them to do at the end of the day.

isp's need our coustom(money) and therefore this is our bargining tool for there services's

 

Thanks

 

I'm glad I'm with Virgin Media who have stood upto these bullies (although I also believe that there is an issue with cable modem 'cloning', this I assume could lead to duplicate IP's).

 

I'd suggest that anyone on the 'Sky' list phone them up and tell them they are cancelling their contract and moving to Virgin for purely security reasons (I wonder whether this would be a valid reason to move even if you are mid-contract ?)

 

Andy

[andydd]

Didn't they breach the contract by revealing your details to a 3rd/4th/5th ad infinitum party?

 

Indeed..in fact one of the reasons for DPA rules is that i could now phone up Sky pretending to be any one of 1000's of Sky users that I have the details for, although there should be some kind of pasword security check, a lot of places dont always bother.

 

Andy

[andydd]

i got a letter back from gm declining my offer of £100 and still want £370 i dont know what to do as i stupidly admitted it before i found this site they even have the cheek to give me the option of paying in instalements

should i pay i am at my wits end

 

If you pay anythjing you should put that you are doing it under duress and you maintain your innocence.

 

ACS had a letter saying this and it clearly worried Andrew Crossley as to accept the money would mean you are taking money of people who are (or claim to be) innocent putting Andrew in a very dodgy position, it would also leave open the possibilty that the person could try and reclaim the money back in future.

 

Whilst Googling ACS the other day I also came across a solicitor who would take up cases for you and even try and get back money if you had already paid up.

 

Andy

[andydd]

has anyone contacted ministry of sound out of curiosity to see if they are in agreement with gm and their methods of extracting money for them ?

 

There will no doubt be an greement between MOS and the solicitor(s), the same as in ACS's case, althgough I believe ACS had agreements with indivdual songwriters (i.e Evacute The Dancefloor song) and i believe having looked at the ACS spreadsheets that they went after people who not only downloaded the individual song but also people who downloaded various complilations that contained that song.

 

Andy

[andydd]

This is before things started to even go really wrong:

 

"there are presently over 500 complaints against me thanks to the internet campaign and Which. Each complaint is essentially the same and they are borne out of a determination by some to stop legitimate steps bing taken to curtail illegal file sharing. However, I do not know how I can avoid being found guilty of something, with 500 complaints to choose from.

 

If I stop this work my business will fold and my clients will be big losers, but if I carry on I fear that it will be worse for me in the long run. Have you any view either way, as I have run out of ideas. Presently I feel defeated by it and feel I should shut up shop, which will cause me to go bankrupt for certain"

 

Have you got the emails ?. Have you got the number of this one ?. I'd be interested to read more.

 

Andy

[andydd]

Check this leaked email:

 

 

 

If you find someone who is blind, one legged and dying, and you think they are not worth pursuing due to the possibility of bad PR, please also put them in there. However, the majority of cases will be continued.

 

Proper charmers:-(

 

In their checklist they also had a box marked 'Politically sensitive' but its unclear what this refered to ?. Perhaps Mr Cameron and Mr Clegg are on the list having downloaded 'Gay Coalition Boys'.

 

Andy

[andydd]

I read somewhere that compensation should be based on their actual loss which is 80p per track.

 

 

Ahas..but ACS (and the rest) would claim that that arnt going after you for downloading a single track, they are after you for uploading and thus having it available for others to download, of course you could argue how many people downloaded it from you (they would no doubt argue many hundreds).

 

Of course the reality is that no-one downloaded the whole track from you, just bits from you and bits from thousands of others.

 

Andy

[andydd]

Some very good stuff on Torent freak reagrding Monday's courts case with GM.

 

http://torrentfreak.com/anti-piracy-lawyers-face-ddos-before-pivotal-court-decision-101002/

 

http://torrentfreak.com/judge-warns-of-end-to-file-sharing-cash-demands-100922/

 

Senior Judge Warns of End To File-Sharing Cash Demands

 

A senior judge has given the clearest indications so far that patience could be running out with “pay up or else” letters currently being sent out in their thousands to alleged file-sharers. At a hearing to authorize yet more, the judge called the schemes “a huge sledgehammer to crack a nut” adding that once the Digital Economy Act is in force, further applications may not be successful.

 

Andy

[andydd]

Some very good stuff on Torent freak reagrding Monday's courts case with GM.

 

http://torrentfreak.com/anti-piracy-lawyers-face-ddos-before-pivotal-court-decision-101002/

 

http://torrentfreak.com/judge-warns-of-end-to-file-sharing-cash-demands-100922/

 

Senior Judge Warns of End To File-Sharing Cash Demands

 

A senior judge has given the clearest indications so far that patience could be running out with “pay up or else” letters currently being sent out in their thousands to alleged file-sharers. At a hearing to authorize yet more, the judge called the schemes “a huge sledgehammer to crack a nut” adding that once the Digital Economy Act is in force, further applications may not be successful.

 

Also it looks like GM site is going to be attached in 30 mins..Gulp..will they screw up like ACS ?

 

Anonymous has zeroed in on their next target - the website of Gallant Macmillan. The DDoS (Distributed Denial of Service) attack is scheduled for October 3 @ 3PM EST. Gallant Macmillan is one of two lawyers in the United Kingdom, the other being Andrew Crossley of ACS:Law, that actively carry out file-sharing litigation work. Although not much has been heard from ACS:Law, Gallant Macmillian is scheduled for a court appearance on Monday, October 4, hoping a court order will allow him to discover hundreds of alleged file-sharers. A ruling may go in his favor, but this latest effort withstand the energy of the Internet?

 

 

Andy

[andydd]

So as I type this, the ACS, the GM and the Ministry Of Sound sites are all down...still (in the case of ACS, its been down over a week now). Ha

 

Andy

[andydd]

if not i'll lend a hand:whip:

 

Actually I keep expecting to read newflash.."Lawyer found hanging in Hanover square park"

 

Andy

[andydd]

That insect scares me

 

Andy

[andydd]

Although its a bit late now but If for some strange reason you do want to pay up to ACS or GM to stop the threat of court action, you should simply put in your letter than you are paying under protest and maintain your innocence. This puts them in a very difficult position (as Crossley confirms in one of his emails).

 

The end result is, court action wont be taken coz youve paid up, BUT ACS/GM would be in a very dubious legal position by accepting money off someone who claims innocence, also it leaves the door open for you to claim back the money in the future

 

Andy

[andydd]

In which case you're not really in a position to offer an informed opinion.

 

 

 

This is why you should have read the thread before offering an ill informed opinion.

 

ACS Law are not pretending to act for anyone. They are actually acting for clients.

 

True..Many of the contract between clients and ACS can now be viewd thanks to the leak.

 

Andy

[andydd]

How the blazes are you supposed to know who's hacked into your wifi?

 

Well..your router may keep logs, this will identify the IP address that it has given out (assuming you are using it for DHCP, most do), although this will only identify a computer name but this may give you a clue, also if you look at the 'Attached Devices' (or similar tab) it will again list the computers currently attached (either hard wired or via wifi).

 

If you read through the leaked ACS mails you will see that ACS used to drop cases where anyone used the 'wireless defence', whether specifically or by alluding to it.

 

HOWEVER ACS did later go on to reject any form of 'wireless defence' although it is not clear why they did.

 

The thinking behind the wirelss defence is that it has been established in law that a person cant be held responsible for the (unathorised) actions of a third party.

 

Andy

[andydd]

This is a long thread and a few answers needed me thinks

 

1/ where is this data about p2p etc is being gathered

2/ who has access too this data

3/ who is passing on this data

3/ who is this data being pased to

4/ who is demanding payment and where are they based

 

are we talking eu member states

 

1. It is gathered by 3rd party 'date harvesting' companies, Logistep, etc. mostly in Germany I believe

2. The date harvesters, the law companies and perhaps the ISP's

3. The data harvesters and ISP's

4. The law compaies and ISP's

5. ACS Law and GM and possibly some others, all based in london, UK..so yes..EU

[andydd]

A MUST READ

 

Open Rights Group account of NPO hearing 4th October

 

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-one

http://www.openrightsgroup.org/blog/2010/comment-on-ministry-of-sound-hearing-part-two

 

ALSO.

 

This is an excellent document from "Being Threatened" explaining much of what is going on and the errors that can occur..

 

https://docs.google.com/fileview?id=0B-FtXNu_158fOTIxOGMxNzMtNGJmNi00YTcwLWJlMmUtMTJhZDg2NGIwNjlk&hl=en_GB&authkey=CL3JpeIE

 

Sorry if they've been posted before - been busy with leaked Emails

HI YA TERRY

 

Good ORG stuff, interesting reading, i am really surprised that MOS are still involved, cleraly this isnt going to be the quick n easy cash cow they thought it was and they now lay themsleves open to being charged costs (I see that CMW rejected BT's calim for £52,000 for just a weekends work, but it may well be that in the future MOS are stung with a huge legal bill), I would of thought they'd ditch it all know, it cant be bringing in that much money and they should go back to trying to entice people to buy their shoddy CD's not making money in this dubious way, it can only hurt sales after all.

 

Andy

[andydd]

Something else that has occured to me is that computers do make mistakes, basically you can type in a 1 and it comes out 2, this is why on high end servers, standard RAM memory isnt used, but intstead EEC or registered RAM that performs extra checks, these 'mistakes' (where binary 0 may become 1 or visa versa) can be caused by fluctuations in electricty and suns radiation, etc

 

This could be used in an argument why you have been wrongly identified by your ISP, although more likely causes are probably human error, IP spoofing, etc

 

Andy